Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The National Green Tribunal (NGT) on July 11, 2023, directed the Municipal Board, Pokaran to pay environmental compensation of Rs 65,75,000 and deposit the amount with the Rajasthan State Pollution Control Board (RSPCB) within two months.
Pokaran is a town and tehsil in Jaisalmer district, Rajasthan.
Bhoma Ram Mali, a local farmer, along with five others, had filed an application alleging that the Municipal Board was disposing untreated sewage into the Tolaberi river and onto their agricultural land.
The NGT directed that Mali be paid Rs 20 lakh by the RSPCB from the amount of environmental compensation deposited by the Board. It also ordered the Board not to discharge any untreated sewerage (municipal and domestic) into the Tolaberi or on any open area.
The remaining compensatory amount shall be utilised by the RSPCB for restoration of the environment according to the restoration plan. An action plan shall be prepared by a Joint Committee comprising RSPCB; the collector and district forest officer of Jaisalmer within two months.
The bench of Justice Sudhir Agarwal said:
The law is well settled that no discharge of untreated sewage is permissible in any stream unless requisite treatment is made and the water quality is improved as per the prescribed standards under the provision of Water Act, 1974 and if any person commits, breach, besides acting under Water Act, 1974, it is also liable to pay environmental compensation on the principle of Polluter Pays.
The report filed by the joint committee comprising the Jaisalmer collector, RSPCB and Municipal Council, Pokaran said domestic wastewater generated from Pokaran town was disposed through an open nalla and sewerage system.
This system ultimately met the natural catchment area of the Tolaberi river, which finally got accumulated near the land of Mali, one of the applicants. In the monsoon season, domestic wastewater and stormwater travelled upto the Rann (saline land) area of Pokaran.
During inspection, domestic sewage was found in the surface runoff stormwater accumulated in the natural catchment area of the Tolaberi which turns downstream to the Rann area adjoining the land of the petitioner.
Consent to install a sewerage network in compliance with the SPCB’s categorisation dated May 26, 2016 had not been obtained by the Board according to available records. However, the Board had installed the network in 2011-12.
The joint committee report also mentioned that the representative of the Board said the body currently did not have any provision for construction of a sewage treatment plant and sewage generated from the town was disposed through nine old and open drains which met the seasonal Tolaberi’s catchment without any treatment. The untreated sewage, after accumulation at the petitioner’s land, travelled downstream to the Rann area of Pokaran town.
The NGT, on July 13, directed that it be provided details of the Kshipra river’s flood plain zone; rejuvenation programme and action taken plan on removal of encroachments.
Also, details about any funds that have been provided by the National Mission for Clean Ganga be furnished to the court as the Kshipra is a tributary of the Ganga and is thus governed by provisions of the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016.
If such a fund has been provided, the court should be told the manner in which it has been utilised.
The tribunal also directed the district magistrates of Ujjain, Indore, Dewas and Ratlam to submit separate reports on the status of the Kshipra in their respective districts.
The report will include encroachment status; discharge of industrial effluents; municipal and domestic sewage and the measures of treatment of such discharge undertaken by respective bodies; agencies or individuals; as the case may be.
The NGT also directed the Additional Chief Secretary, Water Resource Department, Madhya Pradesh and Member Secretary, Madhya Pradesh Pollution Control Board (MPPCB) to appear in person before it on the next date of hearing (August 16, 2023).
The constructions and civil works carried out by M/s Indus Tower Pvt Ltd for the installation of a mobile signal tower in a green area in Karol Bagh, New Delhi, must be removed by the project proponent, the NGT directed on July 13.
The NGT said “since the constructions raised were in furtherance of permission granted by the Municipal Corporation of Delhi (MCD), thus the project proponent is directed to restore the area in original nature”. In case of failure, the MCD will restore the area at the cost of the proponent.
The grievance of the applicant was the validity of the permission granted by the MCD to M/s Indus Tower Pvt Ltd for installation the tower in a park at Seth Ghanshayam Dass Chowk, Ramjas Road, Karol Bagh.
The MCD, in its reply to the court, said the permission granted to the project proponent was withdrawn vide letter dated April 18, 2023, with immediate effect.
A joint committee comprising the MPPCB and the collector of Bhopal was directed by the NGT on July 11 to look into the allegations of a colony (Nirmal Palace colony) being constructed in Bhopal by M/s Equator Construction in an area which was designated for a park.
The committee was directed to visit the site, collect relevant information and submit a factual report within one month.
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